This case was last updated from Los Angeles County Superior Courts on 12/03/2019 at 20:34:38 (UTC).

BLANCA MICHEL VS SANDRA I. SANTOYO

Case Summary

On 05/25/2018 BLANCA MICHEL filed a Property - Other Property Fraud lawsuit against SANDRA I SANTOYO. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are LORI ANN FOURNIER, MASTER CALENDAR and MARGARET MILLER BERNAL. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7167

  • Filing Date:

    05/25/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Property Fraud

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Norwalk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

LORI ANN FOURNIER

MASTER CALENDAR

MARGARET MILLER BERNAL

 

Party Details

Plaintiffs, Defendants and Cross Defendants

MICHEL BLANCA

SERRATO ARACELI ARGUELLES

SANTOYO ROBERT

SANTOYO SANDRA

Defendants and Cross Defendants

SERRATO ARACELI ARGUELLES AN INDIVIDUAL

SANTOYO ROBERT M. AN INDIVIDUAL

ESCROW NET. ENTITY UNKNOWN

MICHEL BLANCA

SANTOYO SANDRA I. AN INDIVIDUAL

SERRATO SAUL AN INDIVIDUAL

SERRATO SAUL

SERRATO ARACELI

ARCHULETA REALTY

24 HOUR REAL ESTATE A CALIFORNIA CORPORATION

SANTOYO ROBERT

SANTOYO SANDRA

GUILD MORTGAGE COMPANY A CALIFORNIA CORPORATION

MICHEL DANIEL

FEDERAL HOME LOAN MORTGAGE CORPORATION

REYES GABRIEL

AMERICAN FINANCIAL NETWORK INC. A CALIFORNIA CORPORATION

FIERRO ELIZABETH

Defendants and Cross Plaintiffs

SERRATO SAUL

SERRATO ARACELI

2 More Parties Available

Attorney/Law Firm Details

Defendant, Plaintiff and Cross Defendant Attorneys

STRALEY TERESA

BLOCK DENNIS PAUL

HERNANDEZ JESSE STUART

GALINDO ALEXIS

HOWARD ELMIRA

MILLER WARREN K

NABULSI MAZEN

CHAMBERS DAN EUGENE

Cross Plaintiff Attorney

HERNANDEZ JESSE

 

Court Documents

Case Management Statement

8/26/2019: Case Management Statement

Order - ORDER HEARING OF 9/3/19

9/3/2019: Order - ORDER HEARING OF 9/3/19

Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE)

9/3/2019: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE)

Summons

5/25/2018: Summons

Proof of Service (not Summons and Complaint)

6/21/2018: Proof of Service (not Summons and Complaint)

Minute Order - Minute order entered: 2018-07-06 00:00:00

7/6/2018: Minute Order - Minute order entered: 2018-07-06 00:00:00

Complaint -

7/18/2018: Complaint -

Legacy Document - LEGACY DOCUMENT TYPE: Declaration

8/9/2018: Legacy Document - LEGACY DOCUMENT TYPE: Declaration

Legacy Document - LEGACY DOCUMENT TYPE: Declaration

8/9/2018: Legacy Document - LEGACY DOCUMENT TYPE: Declaration

Notice of Motion -

9/7/2018: Notice of Motion -

Notice of Ruling -

9/17/2018: Notice of Ruling -

Substitution of Attorney -

10/9/2018: Substitution of Attorney -

Order - of ruling on ex parte application of 9/14/18

10/17/2018: Order - of ruling on ex parte application of 9/14/18

Minute Order - Minute Order (Hearing on Motion to Compel (Motion to Compel))

1/22/2019: Minute Order - Minute Order (Hearing on Motion to Compel (Motion to Compel))

Case Management Statement

2/26/2019: Case Management Statement

Summons - SUMMONS ON COMPLAINT

3/14/2019: Summons - SUMMONS ON COMPLAINT

Amendment to Complaint (Fictitious/Incorrect Name)

4/15/2019: Amendment to Complaint (Fictitious/Incorrect Name)

Proof of Service by Mail

5/21/2019: Proof of Service by Mail

129 More Documents Available

 

Docket Entries

  • 02/13/2020
  • Hearing02/13/2020 at 08:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Order to Show Cause Re: regarding answer/responsive pleading to the second amended complaint in VC067167 and verification 18NWUD00796 is at issue

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  • 02/13/2020
  • Hearing02/13/2020 at 08:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Trial Setting Conference

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  • 02/06/2020
  • Hearing02/06/2020 at 13:30 PM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion to Quash Notice of Deposition of Plaintiff Blanca Michel

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  • 12/24/2019
  • Hearing12/24/2019 at 13:30 PM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion for Leave to Amend Second Amended Complaint

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  • 12/12/2019
  • Hearing12/12/2019 at 13:30 PM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Demurrer - without Motion to Strike

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  • 11/27/2019
  • DocketOpposition (Opposition to Demurrer of Plaintiff's Cross-Complaint); Filed by ARACELI SERRATO (Cross-Complainant); SAUL SERRATO (Cross-Complainant)

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  • 11/19/2019
  • Docketat 1:30 PM in Department C; Hearing on Motion to Compel (Defendants & Cross-Complainants Serrato?s Notice of Motion & Motion to Compel the Deposition of Blanca Michel & Request For Monetary Sanctions in the Amount of $3,330 Against Blanca Michel & her Attorney of Record, etc.) - Not Held - Rescheduled by Party

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  • 11/05/2019
  • DocketThird Amended Complaint; Filed by BLANCA MICHEL (Plaintiff); BLANCA MICHEL (Plaintiff)

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  • 11/04/2019
  • DocketMotion to Quash (Notice of Deposition of Plaintiff Blanca Michel); Filed by ROBERT SANTOYO (Defendant); SANDRA SANTOYO (Defendant)

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  • 10/03/2019
  • DocketNotice of Ruling; Filed by ARACELI SERRATO (Defendant); SAUL SERRATO (Defendant)

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186 More Docket Entries
  • 05/29/2018
  • DocketAnswer; Filed by BLANCA MICHEL (Defendant)

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  • 05/25/2018
  • DocketSummons; Filed by Plaintiff

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  • 05/25/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 05/25/2018
  • DocketCivil Case Cover Sheet

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  • 05/25/2018
  • DocketComplaint filed-Summons Issued

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  • 05/25/2018
  • DocketNotice of Related Case; Filed by BLANCA MICHEL (Plaintiff)

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  • 05/07/2018
  • DocketProof of Service by Posting; Filed by ARACELI ARGUELLES SERRATO (Plaintiff)

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  • 04/03/2018
  • DocketNotice of Unlawful Detainer (Eviction) ((ALL OCCUPANTS)); Filed by Clerk

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  • 04/03/2018
  • DocketNotice of Unlawful Detainer (Eviction) ((BLANCA MICHEL)); Filed by Clerk

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  • 04/02/2018
  • DocketComplaint; Filed by ARACELI ARGUELLES SERRATO (Plaintiff)

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Tentative Rulings

Case Number: VC067167    Hearing Date: March 19, 2020    Dept: SEC

MICHEL v. SANTOYO

CASE NO.: VC067167

HEARING: 03/19/2020

JUDGE: OLIVIA ROSALES

#9

TENTATIVE RULING

Plaintiff’s Motion for Leave to File a Third Amended Complaint is OFF-CALENDAR as MOOT. According to the Court’s file, a Third Amended Complaint was FILED on November 5, 2019. In fact, Defendants’ Demurrer to Plaintiff’s Third Amended Complaint is set for hearing on April 30, 2020.

Moving Party to give notice.

Case Number: VC067167    Hearing Date: February 06, 2020    Dept: SEC

MICHEL v. SANTOYO

CASE NO.:  VC067167

HEARING: 02/06/2020

#9

TENTATIVE ORDER

Defendants/Cross-Defendants ROBERT M. SANTOYO and SANDRA I. SANTOYO’s Motion to Quash the Notice of Deposition of Plaintiff BLANCA MICHEL is OFF-CALENDAR pursuant to the Notice to Take Motion to Quash Off-Calendar filed by the Moving Parties on January 29, 2020.

Moving Party to give Notice.

Case Number: VC067167    Hearing Date: December 12, 2019    Dept: SEC

MICHEL v. SANTOYO

CASE NO.: VC067167

HEARING: 12/12/19

JUDGE OLIVIA ROSALES 

#10

TENTATIVE ORDER

Plaintiff/Cross-Defendant BLANCA MICHEL’s Demurrer to Defendants/Cross-Complainants SERRATO’s Cross-Complaint is SUSTAINED with 20 days leave to amend. CCP §430.10(e).

Moving Party to give Notice.

This action for fraud was filed by Plaintiff/Cross-Defendant BLANCA MICHEL on May 25, 2018. The subject Cross-Complaint was filed by Defendants/Cross-Complainants ARACELI ARGUELLES SERRATO and SAUL SERRATO on June 6, 2019.

The relevant facts, as alleged in the Cross-Complaint, are as follows: “Cross-Complainants are the record owners of…certain real property commonly known as 9456 Friendship Avenue, Pico Rivera, California, 90660….” (Cross-Complaint ¶10.) “On November 13, 2017, the SANTOYOS agreed to sell the Subject Property to Cross-Complainants. The SANTOYOS and Cross-Complainants entered into a Residential Purchase Agreement and Joint Escrow Instructions wherein Cross-Complainants agreed to purchase the Subject Property for $603,000.” (Cross-Complaint ¶22.) “On January 11, 2018, escrow closed on the sale of the Property to Cross-Complainants and a Grant Deed was recorded conveying 100% title to the Property to Cross-Complainants.” (Cross-Complaint ¶23.) “Prior to the close of escrow, Cross-Complainants had no notice or knowledge that BLANCA was claiming an ownership interest in the Property.” (Cross-Complaint ¶25.)

The Cross-Complaint asserts the following causes of action: (1) Declaratory Relief; (2) Quiet Title; (3) Enforce and Foreclose an Equitable Lien; (4) Indemnity; and (5) Breach of Contract.

Cross-Defendant MICHEL demurs to the entire Cross-Complaint under CCP §430-10(d) – failure to join an indispensable party.

“A person is an indispensable party to the litigation if his or her rights must necessarily be affected by the judgment. [Citations.]…. Where the plaintiff seeks some type of affirmative relief which, if granted, would injure or affect the interest of a third person not joined, that third person is an indispensable party. [Citation].” (Washington Mutual Bank v. Blechman (2007) 157 Cal.App.4th 662, 667-668.)

MICHEL argues that the demurrer should be sustained were Cross-Complainants have failed to add FREDDIE MAC as a named defendant to this action where “American Financial Network assigned its interest to Freddie Mac sometime in 2018.” (Demurrer 6: 20-21.) A demurrer is limited to the four corners of a pleading, and any additional facts which are properly the subject of judicial notice. (CCP §430.30(a).) Here, FREDDIE MAC is not alleged to be the lender of any purported note. MICHEL does not seek judicial notice of any documents. As of December 10, 2019, no Request for Judicial Notice in Support of the Demurrer to the Cross-Complaint has been filed/lodged with the Court. Moreover, judicial notice of the documents attached as Exhibits 1-3 to the Declaration of Teresa Straley, Esq., would be improper—MICHEL seeks judicial notice of email correspondence and of an online MERS report. (See Cal. Ev. Code §452.)

Notwithstanding, in Opposition to the Demurrer, Cross-Complainants do not address whether FREDDIE MAC is an indispensable party, and/or the current holder of the note. Rather, Cross-Complainants maintain that they should not be compelled to join their lender to the Cross-Complaint because they do not dispute their lender’s deed of trust. Where declaratory relief and quiet title are alleged, and a judgment in favor of Cross-Defendant could cancel a lender’s legal rights to the subject property, the lender would have a stake in the outcome of proceedings. The demurrer is sustained with 20 days leave to amend.